Search

2) THE CITY OF NASHUA TeaGaeleer

Financial Services

Purchasing Department

June 9, 2016

Memo #16-162

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: AWARD CONTRACT FOR BRICK REPOINTING AT NASHUA PUBLIC LIBRARY
(VALUE: $39,444)
DEPARTMENT: 179 NASHUA PUBLIC LIBRARY; FUND: GENERAL FUND
ACCOUNT CLASSIFICATION: 54 PROPERTY/BUILDING

Please see attached communication from Jennifer McCormack, Library Director dated May 31, 2016 for
the information related to this contract award.

Pursuant to § 5-79 Construction projects; prequalification of bidders. A. In the case of contracts for
the construction, reconstruction, alteration, repair or refurbishing of real property a determination of
responsibility of interested contractors may precede the issuance of invitations to bid. Invitations to bid
shall be issue only to firms which have, in the City’s sole determination been prequalified. The
department or agency involved shall establish rules and regulations which govern pre-qualifications of
bidders.

The City of Nashua is a member of the NJPA. Under the NJPA, The Gordian Group is a prequalified
competitively-bid system for procuring on call construction and construction related services. Wesfield
Construction is their contractor for NH.

The Library Director and the Purchasing Department recommend awarding this contract to Wesfield
Construction of West Chesterfield, NH in an amount of $39,444.

Respectfully,

Wf

‘Dan Kooken
Purchasing Manager

Cc: J McCormack J Graziano

i229 Main Street » Nashua, New Hampshire 03061 » Phone (603) 589-3330 « Fax (603) 589-3344

=n Nashua
=” Public
rs Library

May 31, 2016

The Nashua Public Library sought bids for brick cleaning and repointing as well as
interior concrete repair of 4 alcoves on the east and south facing walls of the building.
These 4 alcoves have experienced significant water infiltration over the past several
years causing blistering and peeling paint inside the Children’s room of the library and
damage to the flooring in those alcoves.

We have selected Wesfield Construction Co., Inc. of West Chesterfield, New Hampshire
at a cost of $39,444. This price includes all labor and materials to clean the brickwork in
the selected area, repoint the bricks and seal them, and do some minor repairs to
interior masonry walls. A full scope of work is attached to this memo. Library staff will
paint the interior walls after interior repairs are completed with the appropriate interior
paint of a color.

The City of Nashua is using the NJPA’s (National Joint Powers Alliance) and The Gordian
Group’s ezlQC Program for this work. This program is a competitively-bid system for
procuring on call construction and construction related services. NJPA has partnered
with The Gordian Group who qualified Wesfield Construction as their contractor for NH.

Work is expected to be completed by July 31, 2016. The $39,444 will be paid for from
account # 79.1.720.54280 Building and Grounds Maintenance.

Sincerely,

Jennifer McCormack, Director

2 Court Street | Nashua, NH 03060 | 603.589.4600 | www.nashualibrary.org

STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR

This agreement is made:

BETWEEN the OWNER: City of Nashua, New Hampshire

229 Main Street
Nashua, NH 03060-2019

And the CONTRACTOR: Wesfield Construction Co., Inc.

5 Lyman Way
PO Box 129
West Chesterfield, NH 03466

and its successors, transferees and assignees (together “CONTRACTOR”)

For the following Project: Library Brick Repointing

ARTICLE 1 - THE CONTRACT DOCUMENTS

The CONTRACTOR shall complete the work described in the Contract Documents for this project. The
documents consist of:

1.

el et de i

This Agreement signed by the OWNER and CONTRACTOR, including the General Terms and
Conditions;

Scope of Work;

Drawings and Specifications provided in the bid documents;

Change Order Form;

Insurance Certificate;

Written change orders for minor changes in the Work issued after execution of this Agreement; and

Fully Executed OWNER Purchase Order

The Contract represents the entire and integrated agreement between the parties and supersedes prior
negotiations, proposals, representations or agreements, either written or oral. Any other documents which
are not listed in this Article are not part of the Contract.

In the event of a conflict between the terms of the Proposals and the terms of this Agreement, a written
change order and/or fully executed OWNER Purchase Order, the terms of this Agreement, the written
change order or the fully executed OWNER Purchase Order shall control over the terms of the Proposals

ARTICLE 2 —- DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION DATE

The date of commencement shall be the date of the Notice to Proceed. Substantial Completion shall be

July 31, 2016

Page 1 of 10

ARTICLE 3 - CONTRACT SUM

Subject to additions and deductions by Change Order, the OWNER shall pay CONTRACTOR, in
accordance with the Contract Documents, the Contract Sum of:

Thirty nine thousand, four hundred and forty four {$39.444)

The Contract Sum shall include all items and services necessary for the proper execution and completion of
the Work.

ARTICLE 4 — INSURANCE AND INDEMNIFICATION

CONTRACTOR shall carry and maintain in effect during the performance of services under this contract:

> General liability insurance in the amount of $1,000,000 per occurrence; $2,000,000 aggregate;
>» Motor Vehicle Liability: $1,000,000 Combined Single Limit;
*Coverage must include all owned. non-owned and hired vehicles.

> Workers’ Compensation Coverage in compliance with the State of NH Statutes,
$100,000/$500,000/$1 00,000.

CONTRACTOR and SUBCONTRACTORs at every tier will fully comply with NH RSA Chapter
281-A, “Workers’ Compensation”,

The parties agree that CONTRACTOR shall have the status of and shall perform all work under this
contract as an independent CONTRACTOR, maintaining control over all its consultants, sub consultants,
CONTRACTORs, or SUBCONTRACTORs. The only contractual relationship created by this contract is
between the OWNER and CONTRACTOR, and nothing in this contract shall create any contractual
relationship between the OWNER and CONTRACTOR’s consultants, sub consultants, CONTRACTORs,
or SUBCONTRACTORs. The parties also agree that CONTRACTOR is not an OWNER employee and that
there shall be no:

Withholding of income taxes by the OWNER:

Industrial insurance coverage provided by the OWNER;

Participation in group insurance plans which may be available to employees of the OWNER;
Participation or contributions by either the independent CONTRACTOR or the OWNER to the
public employee’s retirement system;

Accumulation of vacation leave or sick leave provided by the OWNER;

6. Unemployment compensation coverage provided by the OWNER.

aa SS

wa

CONTRACTOR will provide the OWNER with certificates of insurance for coverage as listed below and
endorsements affecting coverage required by the contract within ten calendar days after the OWNER issues
the notice of award. The OWNER requires thirty days written notice of cancellation or material change in
coverage. The certificates and endorsements for each insurance policy must be signed by a person
authorized by the insurer and who is licensed by the State of New Hampshire. General Liability and Auto
Liability policies must name the OWNER as an additional insured and reflect on the certificate of
insurance. CONTRACTOR is responsible for filing updated certificates of insurance with the OWNER's
Risk Management Department during the life of the contract.

> All deductibles and self-insured retentions shall be fully disclosed in the certificate(s) of insurance.

> If aggregate limits of less than $2,000,000 are imposed on bodily injury and property damage,
CONTRACTOR must maintain umbrella liability insurance of at least $1,000,000. All aggregates
must be fully disclosed on the required certificate of insurance.

Page 2 of 10

> The specified insurance requirements do not relieve CONTRACTOR of its responsibilities or limit
the amount of its liability to the OWNER or other persons, and CONTRACTOR is encouraged to
purchase such additional insurance, as it deems necessary.

> The insurance provided herein is primary, and no insurance held or owned by the OWNER shall be
called upon to contribute to a loss.

» CONTRACTOR is responsible for and required to remedy all damage or loss to any property,
including property of the OWNER, caused in whole or part by CONTRACTOR or anyone
employed, directed, or supervised by CONTRACTOR.

Regardless of any coverage provided by any insurance, CONTRACTOR agrees to indemnify and shall
defend and hold harmless the OWNER, its agents, officials, employees and authorized representatives
and their employees from and against any and all suits, causes of action, legal or administrative
proceedings, arbitrations, claims, demands, damages, liabilities, interest, attorney’s fees, costs and
expenses of any kind or nature in any manner caused, occasioned, or contributed to in whole or in part
by reason of any negligent act, omission, or fault or willful misconduct, whether active or passive, of
CONTRACTOR or of anyone acting under its direction or control or on its behalf in connection with or
incidental to the performance of this contract. CONTRACTOR’s indemnity, defense and hold harmless
obligations, or portions thereof, shall not apply to liability caused by the sole negligence or willful
misconduct of the party indemnified or held harmless.

Page 3 of 10

> iParametrics @) ml * WEI PROPOSAL FOR THE CITY OF NASHUA
: Sarees ARPA ADMINISTRATIVE SERVICES

ORGANIZATION CHART

PROJECT EXECUTIVE
Jeff Stevens, CEM, MEP

SEMIOR ADVISORS
James Lee Witt
Margaret Larson

PROJECT IANAGER
Shanti Smith-Copeland

ASSOCIATE PROJECT MANAGERS
juliann Bertone
Entily Noyes
Ben Redifer

SYSTEMS DEVELOPMEMT OUTREACH FPRMA PURLIC ASSISTANCE

Mark Homrich Justin Cauley Mark Albright
Ariel Siegel Lindsey Holman, MPS Brenda Matthews
Tessa Hartley

TECHMICAL APPEALS SPECIALIST
ASSISTANCE LIAISON Michael L.

Gary Viola, PE Domenichelfo, JD

AUGMENTING THE TEAM WITH LOCAL INVOLVEMENT

We are committed to leveraging this contract to stimulate the local economy and grow the local workforce by augmenting our team
with carefully selected local hires and through strategic partnerships with local City of Nashua community organizations. Including
staff and trusted organizations who are part of the community increases representation of the local public in the program team.
When applicants can relate with the people serving on the program team, efficiency is increased as relationships develop organically
over shared experience. As new staff are enfolded into the program, our team will rely on a learning architecture that supports
continuous development and improvement of the program team. New staff will be trained and fully available to support the program
within one week of hire, supported throughout the life of the program with ongoing training by the Project Manager and access to
our team of subject matter experts. This group is supported by a deep bench of more than 1,500+ professionals who can be pulled
in at amoment's notice based on technical need.

PAGE 14

General Terms and Conditions

ARTICLE 5 — GENERAL PROVISIONS

1.

The Contract represents the entire and integrated agreement between the parties and supersedes
prior negotiations, representations or agreements, either written or oral. The Contract may be
amended or modified only by a written modification.

The term “Work” means the construction and services required by the Contract Documents, and
include all other labor, materials, equipment and services provided by the CONTRACTOR to fulfill
the CONTRACTOR’s obligations.

The intent of the Contract Documents is to include all items necessary for the proper execution and
completion of the Work by the CONTRACTOR. The Contract Documents are complementary, and
what is required by one shall be as binding as if required by all.

In the case of a discrepancy, calculated dimensions will govern over scaled dimensions, Contract
Drawings will govern over Standard Specifications, and Technical Specifications will govern over
both Contract Drawings and Standard Specifications. In the case of a discrepancy between the
Agreement and other Contract Documents, the more specific or stringent obligation or requirement
to the benefit of the OWNER shall take precedence.

The CONTRACTOR shall take no advantage of any apparent error or omission in the Contract

Drawings or Technical Specifications, and the Engineer will be permitted to make such corrections
and interpretations as may be deemed necessary to fulfill the intent of the Contract Documents.

ARTICLE 6 - OWNER

Il.

Except for permits and fees, which are the responsibility of the CONTRACTOR under the Contract
Documents, the OWNER shall obtain and pay for other necessary approvals, easements,
assessments and charges.

If the CONTRACTOR fails to correct Work that is not in accordance with the Contract Documents,
the OWNER may direct the CONTRACTOR in writing to stop the Work until the correction is
made.

If the CONTRACTOR defaults or neglects to carry out the Work in accordance with the Contract
Documents and fails within a seven day period after receipt of written notice from the OWNER to
correct such default or neglect with diligence and promptness, the OWNER may, without prejudice
to other remedies, correct such deficiencies. In such case, a Change Order shall be issued deducting
the cost of correction from payments due the CONTRACTOR.

The OWNER reserves the right to perform construction or operations related to the project with the
OWNER’s own forces, and to award separate contracts in connection with other portions of the
project.

The CONTRACTOR shall coordinate and cooperate with separate CONTRACTORs employed by
the OWNER.

Costs caused by delays or by improperly timed activities or defective construction shall be borne by
the responsible party.

ARTICLE 7 —- CONTRACTOR

1.

Execution of the Contract by the CONTRACTOR is a representation that the CONTRACTOR has
visited the site, become familiar with local conditions under which the Work is to be performed and
correlated personal observations with requirements of the Contract Documents.

The CONTRACTOR shall carefully study and compare the Contract Documents with each other
and with information furnished by the OWNER. Before commencing activities, the
CONTRACTOR shall: (1) take field measurements and verify field conditions; (2) carefully
compare this and other information known to the CONTRACTOR with the Contract Documents;
and (3) promptly report errors, inconsistencies or omissions discovered to the OWNER.

Page 4 of 10

10,

11,

12.

13.

14.

15.

16.

Within ten (10) days of notification of award, and prior to commencement of work, the

CONTRACTOR shall obtain and forward to OWNER a Performance Bond and a Payment Bond

representing 100% of the contract work

The CONTRACTOR shall supervise and direct the Work, using the CONTRACTOR’s best skill

and attention. The CONTRACTOR shall be solely responsible for and have control over

construction means, methods, techniques, sequences and procedures, and for coordinating. all

portions of the Work.

The CONTRACTOR, as soon as practicable after award of the Contract, shall furnish in writing to

the OWNER the names of SUBCONTRACTORSs or suppliers for each portion of the Work. The

OWNER will promptly reply to the CONTRACTOR in writing if, after due investigation, he has

reasonable objection to the SUBCONTRACTORs or suppliers listed.

Unless otherwise provided in the Contract Documents, the CONTRACTOR shall provide and pay

for labor, materials, equipment, tools, utilities, transportation, and other facilities and services

necessary for proper execution and completion of the work.

The CONTRACTOR shall deliver, handle, store and install materials in accordance with

manufacturers’ instructions.

The CONTRACTOR warrants to the OWNER that (1) materials and equipment furnished under the

contract will be new and of good quality unless otherwise required or permitted by the Contract

Documents; (2) the Work will be free from defects not inherent in the quality required or permitted;

and (3) the Work will conform to the requirements of the Contract Documents.

The CONTRACTOR shall pay sales, consumer, use and similar taxes that are legally required when

the Contract is executed.

The CONTRACTOR shall obtain and pay for the building permit and other permits and

governmental fees, licenses and- inspections necessary for proper execution and completion of the

Work.

The CONTRACTOR shall comply with and give notices required by agencies having jurisdiction

over the Work. If the CONTRACTOR performs Work knowing it to be contrary to laws, statutes,

ordinances building codes, and rules and regulations without notice to the OWNER, the

CONTRACTOR shall assume full responsibility for such Work and shall bear the attributable costs.

The CONTRACTOR shall promptly notify the OWNER in writing of any known inconsistencies in

the Contract Documents with such governmental laws, rules and regulations.

The CONTRACTOR shall promptly review, approve in writing and submit Shop Drawings,

Product Data, Samples and similar submittals required by the Contract Documents. Shop

Drawings, Product Data, Samples and similar submittals are not Contract Documents.

The CONTRACTOR shall confine operations at the site to areas permitted by law, ordinances,

permits, the Contract Documents and the OWNER.

The CONTRACTOR shall be responsible for cutting, fitting or patching required completing the

Work or to make its parts fit together properly.

The CONTRACTOR shall keep the premises and surrounding area free from accumulation of

debris and trash related to the Work.

CONTRACTOR warrants and guarantees to OWNER, for years, upon completion of work, that

all Work will be in accordance with the Contract Documents and will not be defective.

CONTRACTOR’s warranty and guarantee hereunder excludes defects or damage caused by:

> Abuse, modification, or improper maintenance or operation by persons other than
CONTRACTOR, SUBCONTRACTORs, Suppliers, or any other individual or entity for
whom CONTRACTOR is responsible; or

> Normal wear and tear under normal usage.

ARTICLE 8 — CHANGES IN THE WORK

l,

After execution of the Contract, changes in the Work may be accomplished by Change Order or by
order for a minor change in the Work. The OWNER, without invalidating the Contract, may order
changes in the Work within the general scope of the Contract consisting of additions, deletions or
other revisions, the Contract Sum and Contract Time being adjusted accordingly.

Page 5 of 10

A Change Order shall be a written order to the CONTRACTOR signed by the OWNER to change
the Work, Contract Sum or Contract Time.

Change Order requests must include material and equipment cost plus labor with a profit margin of
no more than 10%, Change Orders may require approval by the OWNER Board of Public Works
and the OWNER Finance Committee vote prior to proceeding.

The OWNER will have authority to order minor changes in the Work not involving changes in the
Contract Sum or the Contract Time and not inconsistent with the intent of the Contract Documents.
Such changes shall be written orders and shall be binding on the OWNER and CONTRACTOR.
The CONTRACTOR shall carry out such written orders promptly.

If concealed or unknown physical conditions are encountered at the site that differ materially from
those indicated in the Contract Documents or from those conditions ordinarily found to exist, the
Contract Sum and Contract Time shall be subject to equitable adjustment following authorization of
the OWNER to the charges.

ARTICLE 9 - TIME

1.
2.

Time limits stated in the Contract Documents are of the essence to the Contract.

If the CONTRACTOR is delayed at any time in progress of the Work by changes ordered in the
Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes
beyond the CONTRACTOR’s control, the Contract Time shall be extended by Change Order for
such reasonable time as may be determined.

ARTICLE 11 - PAYMENTS AND COMPLETION

1.

The Contract Sum stated in the Agreement, including authorized adjustments, is the total amount
payable by the OWNER to the CONTRACTOR for performance of the Work under the Contract
Documents.

Once every thirty (30) days. the CONTRACTOR shall submit an itemized Application for
Payment for operations completed in accordance with the values stated in the Agreement. Such
application shall be supported by such data substantiating the CONTRACTOR’s right to payment
as the OWNER may reasonably require.

Application for Payment performed under this agreement shall be submitted directly to:

City of Nashua
Accounts Payable

PO Box 2019

Nashua, NH 03061-2019
Attn:

To facilitate the proper and timely payment of applications, the OWNER requires that all
applications contain a valid PURCHASE ORDER NUMBER.

The CONTRACTOR warrants that title to all Work covered by an Application for Payment will
pass to the OWNER no later than the time of payment. The CONTRACTOR further warrants that
upon submittal of an Application for Payment, all Work for which Certificates for Payment have
been previously issued and payments received from the OWNER shall, to the best of the
CONTRACTOR’s knowledge, information and belief, be free and clear of liens, claims, security
interests or other encumbrances adverse to the OWNER’s interests.
OWNER shall make payments, for work satisfactorily completed and accurately invoiced, on the
basis of CONTRACTORs Application for Payment, within 30 days of approval by the OWNER.
The CONTRACTOR shall promptly pay each SUBCONTRACTOR and material supplier out of
the amount paid to the CONTRACTOR on account of such entities’ portion of the Work.
The OWNER shall have no responsibility for the payment of money to a SUBCONTRACTOR or
material supplier.

Page 6 of 10

8.

10.

11.

12.

An Application for Payment, a progress payment, or partial or entire use or occupancy of the
project by the OWNER shall not constitute acceptance of Work not in accordance with the
requirements of the Contract Documents.

Substantial completion is the stage in the progress of the Work when the Work or designated
portion thereof is sufficiently complete in accordance with the Contract Documents so the OWNER
can occupy or utilize the Work for its intended use.

When the Work or designated portion thereof is substantially complete, the CONTRACTOR and
OWNER shall establish responsibilities for completion and shall fix the time within which the
CONTRACTOR shall finish all items on the list accompanying the Certificate. Warranties required
by the Contract Documents shall commence on the date of Substantial Completion of the Work or
designated portion thereof unless otherwise provided in the Certificate of Substantial Completion.
Upon receipt of a final Application for Payment, the OWNER will inspect the Work. When he
finds the Work acceptable and the Contract fully performed, the OWNER will promptly issue a
final Certificate for Payment.

Acceptance of final payment by the CONTRACTOR, a SUBCONTRACTOR or material supplier
shall constitute a waiver of claims by that payee except those previously made in writing and
identified by that payee as unsettled at the time of final Application for Payment.

ARTICLE 11— RETAINAGE

1. The OWNER will retain a portion of the progress payment, each month, in accordance with the
following procedures:

2.

a. The OWNER will establish an escrow account in the bank of the OWNER’S choosing.
The account will be established such that interest on the principal will be paid to the
CONTRACTOR. The principal will be the accumulated retainage paid into the account by
the OWNER. The principal will be held by the bank, available only to the OWNER, until
termination of the contract.

b. Until the work is 50% complete, as determined by the ENGINEER, retainage shall be
10% of the monthly payments claimed. The computed amount of retainage will be
deposited in the escrow account established above.

c. After the work is 50% complete, and provided the CONTRACTOR has satisfied the
ENGINEER in quality and timeliness of the work, and provided further that there is no
specific cause for withholding additional retainage no further amount will be withheld. The
escrow account will remain at the same balance throughout the remainder of the project.

Upon final completion and acceptance of the Work, OWNER shall hold 2% retainage during the 1
(one) year warranty period and release it only after the project has been accepted.

ARTICLE 12— PROTECTION OF PERSONS AND PROPERTY

1.

The CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety
precautions and programs, including all those required by law in connection with performance of
the Contract. The CONTRACTOR shall promptly remedy damage and loss to property caused in
whole or in part by the CONTRACTOR, or by anyone for whose acts the CONTRACTOR may be
liable.

ARTICLE 13 —- CORRECTION OF WORK

1.

The CONTRACTOR shall promptly correct Work rejected by the OWNER as failing to conform to
the requirements of the Contract Documents. The CONTRACTOR shall bear the cost of correcting
such rejected work

In addition to the CONTRACTOR’s other obligations including warranties under the Contract, the
CONTRACTOR shall, for a period of one year after Substantial Completion, correct work not
conforming to the requirements of the Contract Documents.

Page 7 of 10